International Trade

  • September 19, 2014

    Gazprom Wants $1.3B Trade Secrets Suit In Federal Court

    Russian gas giant OAO Gazprom said Friday that a $1.3 billion trade secrets suit being pursued by Moncrief Oil International Inc. belongs in Texas federal court because the dispute is subject to a foreign arbitration agreement governing a failed Siberian gas field deal.

  • September 19, 2014

    Commerce Levies $8.4M In Tech Export Evasion Penalties

    A Hong Kong businessman and two of his companies have racked up $8.4 million in fines from the U.S. Department of Commerce’s Bureau of Industry & Security, which found they knowingly broke an order to buy technology-related parts from U.S. exporters, according to rulings made public Thursday.

  • September 19, 2014

    Auditing Co. Can’t Ax Broker-Dealer’s Suit Over $66M Fraud

    A New Jersey judge on Friday refused to toss Direct Access Partners LLC's suit accusing auditing firm Rothstein Kass & Co. PC of negligence for missing a $66 million foreign trading and bribery fraud that contributed to its parent company's bankruptcy, paving the way for discovery, an attorney for the broker-dealer said.

  • September 19, 2014

    Senate Confirms Tech Exec For Deputy USTR Slot

    The U.S. Senate on Thursday confirmed the founder of a cloud computing company, intellectual property expert and former longtime head of BSA–The Software Alliance, an industry association representing the software sector, to serve as a deputy U.S. trade representative.

  • September 19, 2014

    2nd Circ. Tosses Citibank Appeal Of Argentina Bond Ruling

    The Second Circuit on Friday dismissed Citibank NA's appeal of a New York federal judge's order preventing it from processing an upcoming payment on $8.4 billion in Argentine sovereign debt, a day after the bank's lawyer argued that the lower court's ruling has "put a gun to our head."

  • September 19, 2014

    Exxon Slams Brakes On Russian Oil Project Amid Sanctions

    ExxonMobil Corp. confirmed Friday that it's stopping work on an offshore oil well in the Arctic Ocean it's jointly developing with Russian oil giant OAO Rosneft in order to comply with escalating U.S. and European Union sanctions that have put the squeeze on Russia's energy sector.

  • September 19, 2014

    Putin Blasts Western Sanctions As Blatant WTO Violations

    Russian President Vladimir Putin on Thursday chided the U.S. and European Union for escalating sanctions on Moscow's financial, defense and energy industries in response to the crisis in Ukraine, alleging those measures violate the most basic rules underpinning the World Trade Organization.

  • September 18, 2014

    Senate Gives Final OK To ISIS Fight Aid, Avoids Shutdown

    The U.S. Senate on Thursday overwhelmingly approved funding for Syrian rebels to battle the Islamic State militant group, as part of a short-term spending bill that will fund the federal government through early December and avert another shutdown.

  • September 18, 2014

    Judge Wants Details On Alleged BakerHostetler Conflict

    A New York federal judge said Thursday he needed more information to decide whether a prominent BakerHostetler partner violated a former hedge fund client’s confidentiality by representing defendants in a supposedly related tax fraud case.

  • September 18, 2014

    Turkish Exporter Admits Fraud In $3.5M Ex-Im Settlement

    Agricultural products exporter SABA Inc. agreed on Wednesday to pay $3.5 million to settle claims in New York federal court that it fraudulently obtained a $29 million construction loan from Deutsche Bank AG guaranteed by the U.S. Export-Import Bank, but a suit against its agent will move forward.

  • September 18, 2014

    Fed. Circ. Personal Liability Ruling Has Importers On Edge

    The Federal Circuit's decision to hold an importing company's president personally liable for submitting false information to U.S. Customs and Border Protection may expand the agency's enforcement efforts, experts say, warning importers to be on high alert in their compliance efforts.

  • September 18, 2014

    Citibank Warns Of Fallout On Blocked Argentina Payment

    A New York federal judge’s refusal to let Citibank NA process an upcoming payment on $8.4 billion in Argentine sovereign debt has put a “gun to our head” and could land the bank under criminal prosecution in Argentina if allowed to stand, its attorney told the Second Circuit on Thursday.

  • September 18, 2014

    2nd Circ. Tosses Iraq’s Suit Over $10B Oil-For-Food Scheme

    The Second Circuit on Thursday upheld the dismissal of Iraq's $10 billion racketeering lawsuit accusing multinational companies of helping Saddam Hussein defraud the United Nations’ so-called Oil-for-Food program, finding the Hussein regime acted as a representative of the Middle Eastern nation, which could not sue itself.

  • September 18, 2014

    US To Restart Guatemalan Labor Case After Failed Reforms

    The United States will resume its arbitration action against Guatemala after the country failed to enforce fair working standards for its employees under a regional trade agreement, U.S. Trade Representative Michael Froman announced Thursday.

  • September 18, 2014

    Key Democrat Urges Congress To Step Up TPP Engagement

    The top-ranking Democrat on the powerful House Ways and Means Committee on Thursday pressed his fellow lawmakers to intensify their engagement on certain issues within the Trans-Pacific Partnership talks, stressing that the pact's rules on food safety, labor, the environment and other areas demand urgent scrutiny.

  • September 17, 2014

    Malaysian Tech Industry Rife With Forced Labor, Study Finds

    A nonprofit organization on Wednesday issued a massive report funded by the U.S. Department of Labor revealing “widespread” forced labor conditions in Malaysia’s electronics industry, a development that could impact the effort to craft strict labor rules in the Trans-Pacific Partnership talks.

  • September 17, 2014

    House Passes Stopgap Spending Bill Aiding Syrian Rebels

    The U.S. House of Representatives on Wednesday passed a continuing resolution funding the government through early December — reauthorizing the U.S. Export-Import Bank and avoiding a shutdown — after agreeing to an amendment to provide funding for Syrian rebels to combat the Islamic State group following extended debate.

  • September 17, 2014

    Businesses Detail Fallout From Lapsed Trade Preferences

    A collection of import-reliant businesses has urged Congress to swiftly renew an expired program allowing the duty-free shipment of goods from nearly 130 countries into the U.S., claiming the lapse of trade preferences has sparked higher costs and lost sales.

  • September 17, 2014

    Commerce Kicks Off Duty Probes Of Chinese Shelving Imports

    The U.S. Department of Commerce on Tuesday opened a pair of investigations to explore claims that Chinese companies have sold steel shelving units in the U.S. at unfairly low prices and also received illegal government subsidies in a scheme that allegedly undercut the sales of domestic producers.

  • September 17, 2014

    ITC Won't Block Import Of Chinese Herbicides In IP Row

    The International Trade Commission on Wednesday rejected taking measures against two Chinese chemical companies for importing an allegedly patent-infringing herbicide, saying the petitioner didn't prove that it's entitled to relief.

Expert Analysis

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.

  • TAA Case Is Study On Contractors' FCA Vulnerability

    Donna Lee Yesner

    Cox v. Smith & Nephew Inc. highlights the vulnerability of medical device manufacturers that source products from nondesignated countries under the Trade Agreements Act to potential False Claims Act liability and the need for diligence in ascertaining the country of origin for goods under government contract, say Donna Yesner and Stephen Ruscus of Morgan Lewis & Bockius LLP.

  • Trade Cases Bring Good News For US Oil Pipe Industry

    Brian McGill

    Overall, the U.S. oil country tubular goods industry is pleased with the outcomes of the OCTG trade cases at the administrative agency level, particularly because the U.S. Department of Commerce increased anti-dumping duties on imports from Korea in its final margin calculations and the U.S. International Trade Commission made affirmative determinations with respect to substantially all subject imports, says Brian McGill of King & Spalding LLP.

  • Scotland — The 'Succession Event' Question

    James Duncan

    A vote for an independent Scotland will have many consequences for the United Kingdom. Unsurprisingly, the implications for U.K. sovereign credit default swaps have not featured prominently in the public debate, say attorneys with Shearman & Sterling LLP.

  • Food Fight Between Russia And The West May Intensify

    Matthew R. Levy

    Western companies should expect the current economic sanctions between Russia and the West to remain, if not intensify — today’s food ban could become tomorrow’s automobile ban, and the prohibitions on trade could come from either the West or Russia at this point, say attorneys at Faegre Baker Daniels LLP.

  • A Look At The New US And EU Sanctions On Russia

    Triplett Mackintosh

    While the latest U.S. and EU sanctions do not cut off entire sectors of the Russian economy, they come close, say attorneys with Holland & Hart LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Esquenazi In Korea: Identifying Instrumentalities Abroad

    Samantha Dreilinger

    Efforts to apply the Esquenazi definition in Korea — a country where the government plays a significant yet often obscured role in several important industries — reveal that the definition leaves important questions unresolved and provides little comfort to companies trying to determine whether a potential business partner may be subject to the Foreign Corrupt Practices Act, say attorneys with Cadwalader Wickersham & Taft LLP and Kim & Chang.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • At The ITC, Even The Rulemaker Has To Follow The Rules

    Christopher May

    The Federal Circuit's recent decision in Align Technology Inc. v. U.S. International Trade Commission highlights a loophole in current ITC rules — limitations on the ITC’s ability to review the denial of summary determination motions on threshold issues — that the commission is likely to consider closing, says Christopher May of McDermott Will & Emery LLP.